• President shall always, except as otherwise provided by the Constitution, act on the advice of the PM
• Reduction of powers enjoyed by the Executive  President, change in the process under which he is elected and removed has been proposed 
• The Executive President will be elected by the members of Parliament

By Yohan Perera and Ajith Siriwardana   

Forty MPs who remain independent in Parliament had handed over to the Speaker a draft of the 22nd amendment to the Constitution under which they have proposed the reduction of powers enjoyed by the Executive President, change in the process under which he is elected and removed.   

As per the draft, the President shall always, except as otherwise provided by the Constitution, act on the advice of the Prime Minister. The President shall be responsible to Parliament for the due exercise, performance and discharge of his powers, duties and functions under the Constitution and any written law, including the law for the time being relating to public security.   

The Executive President will be elected by the members of Parliament.   

The office of President shall become vacant upon Parliament passing, by not less than one half of the whole number of Members of Parliament (including those not present), voting in its favour, a resolution of no confidence against the President, which resolution may be introduced by a written notice addressed to the Speaker, signed by not less than one third of the whole number of Members of Parliament.   

The MPs have also proposed setting up of a constitutional Council which comprises Speaker, Prime Minister, five members appointed by the President on the nomination of the Prime Minister and the Leader of the Opposition, and it will comprise of one member elected by a majority of MPs. This member will be one who represents a political party or an independent group other than the party or the independent group to which the President and Prime Minister belong to. The constitutional council will have the power to recommend appointments including members of the independent commissions.   

MP Wijeyadasa Rajapakse who spoke of the proposal of 40 independent members, said the prime objective of it is to bring about checks and balances between the Executive and the Legislature. “People who are staging protests want a system change,” he said. 

• The prime objective of this is to bring about checks and balances between the Executive and the Legislature